How do I get the property that was left to my child in my ex-spouse’s will if the surviving spouse won’t hand it over? – North Carolina Short Answer In North Carolina, the person with the legal duty to deliver will gifts is usually the court-appointed executor (also called the personal representative), not the surviving…
How do I handle reimbursement for expenses I paid after the death when I already filed a claim against the estate and the trustee wants to negotiate it? – North Carolina Short Answer In North Carolina, reimbursement for expenses paid after a death is usually handled as a creditor claim against the decedent’s probate estate,…
How do I start the process to open an estate when there is a dispute about the will? – North Carolina Short Answer In North Carolina, the estate process starts in the Clerk of Superior Court (the probate court) in the county where the person lived at death. If there is a will dispute or…
If an heir is out of town or relocating, can they sign the needed estate or deed documents remotely and have them notarized? – North Carolina Short Answer Often, yes—an heir who is out of town can usually sign many estate and real estate documents without traveling back to North Carolina. In North Carolina, remote…
Do I need to file income taxes for a deceased parent who only received monthly benefits and had little or no other income? – North Carolina Short Answer Sometimes, but not always. In North Carolina, a deceased parent’s final state income tax return is generally required only if the parent’s gross income for the year…
Can a beneficiary object to the personal representative’s commission, and what does the court consider when deciding whether to reduce it? – North Carolina Short Answer Yes. In North Carolina, a beneficiary (as an “interested person”) can object to a personal representative’s requested commission, and the Clerk of Superior Court decides what commission is reasonable…
Does it matter for an insurance claim whether the person who died lived with someone who had car insurance, even if that person didn’t drive? – North Carolina Short Answer Yes, it can matter under North Carolina law. Many auto policies extend certain coverages (especially uninsured/underinsured motorist coverage) to the named insured’s spouse and relatives…
How can I force the personal representative to provide a formal accounting and final estate statements? – North Carolina Short Answer In North Carolina, estate accountings are supervised by the Clerk of Superior Court in the county where the estate is open. If a personal representative is not filing required accountings (or the final account),…
If the life tenant replaces major items during the life estate (like a refrigerator or other appliances), do those replacement items stay with the house for the remaindermen later? – North Carolina Short Answer Usually, replacement appliances a life tenant buys (like a refrigerator) are the life tenant’s personal property and do not automatically “stay…
Do I need to open an estate for my child to claim what was left to them in the will? – North Carolina Short Answer In North Carolina, a child usually cannot “claim” a gift under a will until the will is probated and someone has legal authority to transfer the property (typically an executor/personal…
